McGinnis v. McGinnis
Supreme Court of Missouri
Appeal from St, Louis City Circuit Court. — -Now. Karl Kimmel, Judge. (1) Plaintiff acquired no riglit under the alleged assignment from Louis A. McGinnis to maintain an action against Thomas McGinnis for accounting of profits from a joint adventure of Louis A. McGinnis and Thomas McGinnis. Such right was not assignable. 1 Ency. PL & Pr. 99; 1 R. C. L., 225 ; Daunes v. Worch, 28 R. I. 99, 13 Ann. Gas. 647 ; 4 Cyc. 22, 103; Whittle y.
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Appeal from St, Louis City Circuit Court. — -Now. Karl Kimmel, Judge. (1) Plaintiff acquired no riglit under the alleged assignment from Louis A. McGinnis to maintain an action against Thomas McGinnis for accounting of profits from a joint adventure of Louis A. McGinnis and Thomas McGinnis. Such right was not assignable. 1 Ency. PL & Pr. 99; 1 R. C. L., 225 ; Daunes v. Worch, 28 R. I. 99, 13 Ann. Gas. 647 ; 4 Cyc. 22, 103; Whittle y. Skinner, 23 Vt. 531; Jones v. Babcock, 15 Mo. App. 149; C. & A. R. Co. v. Maher, 91 Ill. 312; Landin v. McCarthy, 45 Mo. 106'. (2) The alleged contract which…
1Opinion of the CourtWilliams, J.
This is an action for an accounting, brought by plaintiff as the assignee of one partner, against the other partner who is alleged to have re*290ceived the net profits from the partnership business. Trial was had in the circuit court of the city of St. Louis, which resulted in a judgment in fa,vor of plaintiff in the sum of $13,434.95. Thereupon defendant duly appealed to this court.
The petition alleges:
1. That on September 1, 1906, one Louis A. Mc-Ginnis (the father and assignor of the plaintiff) and the defendant entered into an agreement to the effect that they should enter into the business…
2Cases cited10 opinions
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Gale v. FossSupreme Court of Missouri · 1871
- Thatcher v. HayesMichigan Supreme Court · 1884
- Sawyer v. WalkerSupreme Court of Missouri · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jones v. JonesSupreme Court of Missouri · 1933
- Wilson v. MolineSupreme Court of Minnesota · 1949
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Bass v. DaetwylerMissouri Court of Appeals · 1957
- City of Springfield v. KochMissouri Court of Appeals · 1934
6 more not listed; retrieve them via the Exa API.